144 items / 12 pages
- (1) Without prejudice to the provisions of article 29 of the Employment and Industrial Relations Act, it shall be unlawful forany person to sexually harass other persons, that is to say: (a) to subject other persons to an act of physical intimacy;or (b) to request sexual favours from other persons; or (c) to subject other persons to any act or conduct withsexual connotations, including spoken words, gesturesor the production, display or circulation of any writtenwords, pictures or other material, where the act, wordsor conduct is unwelcome to the persons to whom theyare directed and could reasonably be regarded as offensive, humiliating or intimidating to the persons to whom they are directed; or (d) the persons so subjected or requested are treated less favourably by reason of such persons’ rejection of or submission to such subjection or request, it could reasonably be anticipated that such persons would be so treated.
- (2) (a) Persons responsible for any work place, educational establishment or entity providing vocational training or guidance or for any establishment at which goods,services or accommodation facilities are offered to the public, shall not permit other persons who have a right to be present in, or to avail themselves of any facility, goods or service provided at that place, to suffer sexual harassment at that place. (b) It shall be a defence for persons responsible as aforesaid to prove that they took such steps as are reasonably practicable to prevent such sexual harassment.
- (3) Persons who sexually harass other persons shall be guilty of an offence against this article and shall, without prejudice to anygreater liability under any other law, be liable on conviction to a fine (multa) of not more than two thousand and three hundred andtwenty-nine euro and thirty-seven cents (2,329.37) or to imprisonment of not more than six months or to both such fine and imprisonment.
Chapter 452, Article 29.
- (1) It shall not be lawful for an employer or an employee to harass another employee or to harass the employer by subjecting such person to any unwelcome act, request or conduct, includingspoken words, gestures or the production, display or circulation ofwritten words, pictures or other material, which in respect of thatperson is based on sexual discrimination and which couldreasonably be regarded as offensive, humiliating or intimidating tosuch person.
- (2) It shall not be lawful for an employer or an employee tosexually harass another employee or the employer (hereinafter inthis article referred to as "the victim") by: (a) subjecting the victim to an act of physical intimacy; or (b) requesting sexual favours from the victim; or (c) subjecting the victim to any act or conduct with sexualconnotations, including spoken words, gestures or theproduction, display or circulation of written words,pictures or other material where -(i) the act, request or conduct is unwelcome to thevictim and could reasonably be regarded asoffensive, humiliating or intimidating to thevictim; (ii) the victim is treated differently, or it could reasonably be anticipated that the victim couldbe so treated, by reason of the victim’s rejection of or submission to the act, request or conduct.
- (1) A person who pursues a course of conduct: (a) which amounts to harassment of another person, and(b) which he knows or ought to know amounts to harassment of such other person, shall be guilty of an offence under this article.
Chapter 456 of the Laws of Malta - Equality for Men and Women Act Article 9 sub-section 1Chapter 452 – Employment and Industrial Relations Act – Article 29 (relation between the employer and employee re harassment) Chapter 9 of the Laws of Malta: Criminal Code Subtitle IX: Of Threats, Private Violence and Harassment Section 249-251 dLegal provisions on protection orders
Criminal Code, Article 412C
In Malta, the term stalking is not specifically defined, however it is covered by the Criminal Code.Legal Source
Criminal Code, Section 249-251dLegal provisions on protection orders
Criminal Code, Article 412c
Legal provisions on protection orders
The court can impose a “no contact order‟ (contactverbod) which entails that the offender is no longer allowed to contact the victim (not in person, in writing, by telephone, by e-mail, or any other form of communication). Another option, which can simultaneously be imposed, is the “street restraining order‟ (straat-en/of gebiedsverbod). After the imposition of this order, the offender is no longer allowed to enter the street where the victim lives, or to be present in a certain area. Often, the orders are designed so as to grant maximum safety to the victim during her daily activities, while keeping the restraints on the offender’s freedom of movement to a minimum. [57: University of Tilburg et al. Feasibility study national legislation on gender violence and violence against children – Report on the Netherlands, 25 May 2010, p.17.]A hospital order is a unique Dutch provision in criminal law where the psychologically or psychiatrically disturbed violent and/or sex offender, who is diagnosed to have a high risk of recidivism, is detained under an intensive forensic-psychiatric treatment regime. The length of that type of detention is never pre-defined but depends on whether the perpetrator is considered to be have healed.
Violence committed by someone from the domestic or family circle of the victim (definition used by the government).Observations
In this regard “domestic and family circle” means partners, ex-partners, family members, and domestic friends.
In the Netherlands, domestic violence includes intimate partner violence. This violence can take on many forms: physical, sexual and/or psychological. Practically, domestic violence is understood to include abuse of (ex-) partners, children, parents and elderly people; honour-related violence, forced marriage and genital mutilation are also included.
Domestic Violence is not a separate offense under Dutch law, but can be prosecuted under other serious (sexual) offenses and might have an augmenting effect on the penalty. For example the sentence for the offense abuse can be augmented with one-third if the offender commits the abuse against a family member (i.e. his father, mother, husband/wife, partner or child) [article 242, 243, 246, 255, 257, 282, 284, 285, 285b, 287, 289, 300-304 and 350 of the Criminal code.] [60: This does not apply for the offenses of rape, sexual assault and stalking though.] [61: Abuse, Mishandeling criminalised under article 300-303 Wetboek van Strafrecht (criminal code).]Legal Source
Ministry of Justice definition 2002 and Criminal Code, Article 304Legal provisions on protection orders
Administrative Law: Temporary Restraining Order (huisverbod), Wet Tijdelijk Huisverbod 2008.
Civil Law: Civil law restraining orders come in three types: a restraining order that prohibits 1) entering a designated area or street (street restraining order), 2) a house (no-entrance order) or 3) any contact with the applicant in whichever way (no-contact order). Victims need to initiate civil interlocutory proceedings to apply for either one.
Criminal Law: A criminal protection order can be imposed 1) as a condition to suspend pre-trail arrest, 2) as a condition to suspend prosecution, or 3) as a condition to a suspended sentence.
He who, by force or another factuality, or by threat of violence or another factuality, compels someone to be subjected to actions consisting of or also consisting of the sexual penetration of the body, will be charged with rape and punished with imprisonment of maximum 12 years or a penalty of the fifth category.Observations
Rape of a minor under 12 years old and rape of a minor over 12 years old are separately criminalised.Legal Source
Criminal Code, Article 242Legal provisions on protection orders
Criminal and civil restraining order
He who, by violence or another factuality, or threat of violence or another factuality, compels someone to commit or undergo lewd acts, will be guilty of the offence of factual assault of the dignity and punished with imprisonment of maximum eight years or a penalty of the fifth category.Legal Source
Criminal Code, Article 246Legal provisions on protection orders
No legal provision
Sexual harassment at work: in the Arbowet of 2007 the definition of sexual intimidation has disappeared, but it is seen as one of the factors that can lead to "psychosociale arbeidsbelasting", which literally means psychosocial labour presure. The Arbowet (lid 2, artikel 3) of 2007:“The employer will, in the general labour circumstances policy, have a policy dedicated to the prevention and, when this is not possible, the limitation of psychosocial labour pressure.“.Observations
Sexual harassment outside the workplace is not criminalised as a separate offence in the Netherlands and is only prosecutable in criminal law if it fits other criminal statutes on sexual violence, which means that many of the sexual harassment outside the workplace does not meet criminal legal standards.
He who unlawfully and systematically breaches another person's personal sphere with the purpose of compelling him to do something, not to do or tolerate something or frighten him, is guilty of stalking and will be punished with imprisonment of maximum three years or a penalty of the fourth category.Legal Source
Criminal Code, Article 285bLegal provisions on protection orders
The court can impose a contact ban which entails that the offender is no longer allowed to contact the victim (not in person, in writing, by telephone, by e-mail, or any other form of communication). Another option, which can simultaneously be imposed, is the area restraining order, which makes that the offender is no longer allowed to enter the street where the victim lives, or to be present in a certain area. Often, the orders are designed so as to grant maximum safety to the victim during her daily activities, while keeping the restraints on the offender’s freedom of movement to a minimum.
Legal provisions on protection orders
As for June 2013 no legal definition on Violence Against Women Exists in Polish law
The physical and psychological ill-treatment of the person related or remaining in the ongoing, unchanging relationship of dependency.
Domestic Violence: Article 2 paragraph 2 of the Counteracting Violence Against Women Act (2010): “one-time or prevalent intentional action or lack of action which violates rights or personal goods of the people mentioned in article 1 (see below), in particular exposing these persons to the of the loss of their life, health, violation of dignity, physical integrity freedom, including sexual freedom, resulting in the loss of physical and psychological health, resulting in suffering and moral injuries to people exposed to violence” Article 2 paragraph 1: family member- should be understood as closest person understood according to article 115 § 11 Criminal Code (6 June 1997 r) or any other person leaving or sharing a household.Observations
Abuse: Criminal Code, Article 207Legal Source
Criminal Code, Article 207
Whoever, by force, illegal threat or deceit subjects another person to sexual intercourse shall be subject to the penalty of the deprivation of liberty for a term of between 2 and 12 years.Observations
Special circumstances of rape (in the same legal provision):
- If the perpetrator, in the manner specified in § 1, makes another person submit to other sexual act or to perform such an act, he shall be subject to the penalty of the deprivation of liberty for a term of between 6 months and 8 years.
- If the perpetrator commits the rape 1) in common with another person, 2) against a minor under 15 years of age, 3) against an ascendant, descendant, or a person being adopted, or brother or sister, he shall be subject to the penalty of deprivation of liberty for a minimum term of 3 years.
- If the perpetrator of the crime specified in § 1 - 3 acts with particular cruelty, he shall be subject to the penalty of deprivation of liberty for a minimum term of 5 years.
Criminal Code,Article 197Legal provisions on protection orders
See Criminal Code, Articles 39 and 41a
If the perpetrator, in the manner specified in paragraph 1, makes another person submit to other sexual acts or to perform such an act, he shall be subject to the penalty of the deprivation of liberty for a term of between 6 months and 8 years.Legal Source
Criminal Code, Article 197Legal provisions on protection orders
Criminal Code, Article 39 and 41a